[ga] State Loses Case Over Generic Domain

["Patrick Corliss" <patrick@quad.net.au>]

State Loses Case Over Generic Domain
Warning! Truthful or Critical Content May Anger the Government! writes
Arthur Graaff    27 November 2001

http://www.content-wire.com/Home/Index.cfm?ccs=86&cs=1138

In a remarkable appeal judgment, the Dutch state has twice lost separate cases
on the usage of one and the same generic domain name.

The name concerned is for a site on the largest infrastructure project ever
undertaken in Holland, the new very controversial so-called 'Betuwelijn'
freight rail link from Rotterdam to Germany, that cuts right through the width
of the small country.

The accompanying promotional site is called 'Betuweroute.nl' and claims to
give all relevant information, but relevant here seemed to mean positive.

The word 'Betuweroute' is generic and descriptive, and means 'a route or path
through the Betuwe region'.

Early this spring, a variation on that name was registered by a Dutch
foundation and later used by a individual protester against this kind of
mega-money spillage, as many in Holland see it.

Their site would fill in the many gaps the PR-people left open.  But they
hyphenated the name into Betuwe-route.nl, and the domain registration
office accepted it.

Not so the ministry concerned, that feared confusion.

It started summary proceedings against the foundation and lost.

Then, over the same name, it started a case against the protester, Koen IJff,
and won.

In the meantime, a debate started on the state's grip on domain names and
content, and soon the 'freedom of expression' argument showed up.

The state's lawyer denies this, and points to the possible confusion.

That did not cut much fat with the surfing and sitebuilding community.

But IJff hit back, albeit at a cost, and got his way.

Last week the court published its explanation.

It seems to accept his lawyers' argument that the state is trying to suppress
freedom of expression and the free flow of information, because among others
since this spring, the ministry suddenly started to register all kind of
variations on the Betuweroute or Betuwelijn names, including hyphens, and
.net, .org and .com.

The judges find the state has no business claiming generic names for its own
exclusive usage.

At a 2-1 score for freedom of content, it is unclear whether the state's
appeal against their first lost case, will continue.



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